Real Project decree contains provisions of application of the directive 2014 / 34 / HAT, 26 February 2014, on the harmonisation of the laws of the member states in terms of equipment and protective systems for use in potentially explosive atmospheres of Hvar Town the directive 2014 / 99 / HAT, 21 October 2014, amending for purposes of adapting to technical progress of the Directiva2009 / 126 / CErelativa to petrol vapour recovery of phase II during the refuelling of motor vehicles at service stations.

The Directive 94 / 9 / CE of the European Parliament and of the council, 23 March 1994 on the approximation of the laws of the member states on the aircraft and protective systems for use in potentially explosive atmospheres, has been repealed with effect from the 20 April 2016, by the directive 2014 / 34 / HAT of the European Parliament and of the council, 26 February 2014, on the harmonisation of the laws of the member states in terms of equipment and protective systems for use in potentially explosive atmospheres.

Furthermore, the directive 2014 / 99 / HAT of the committee, 21 October 2014, amends for purposes of adapting to technical progress the directive 2009 / 126 / CE concerning the petrol vapour recovery of phase II during the refuelling of motor vehicles at service stations.

This Royal Decree incorporates the Spanish legal system the directives 2014 / 34 / HAT of the European Parliament and of the council, 26 February 2014 and 2014 / 99 / HAT of the committee, 21 October 2014. That is compliance with the obligation under article 288 of the treaty of operation of the European Union (former Article 249 of the Treaty establishing the European community) which provides that “ the directive will force the Member state addressee regarding the result to be achieved, leaving, however, to national authorities the election of the form and the means ”.

In particular, through this Royal Decree implements Article 43 of the directive 2014 / 34 / HAT and in Article 2 of the directive 2014 / 99 / HAT which transposes.

Therefore, it is necessary to repeal the provisions of the Royal Decree 400 / 1996 of 1 March, which contains the provisions of application of the directive of the European Parliament and of the council 94 / 9 / CE concerning the aircraft and protective systems for use in potentially dangerous atmospheres.

Similarly, it is necessary to modify, for adaptation to technical progress, the royal decree 455 / 2012, 5 March, laying down measures to reduce the amount of gasoline fumes emitted during the refuelling of motor vehicles at service stations.

This provision was dictates under Article 149.1.13ª Spanish constitution, which gives the State jurisdiction to determine the bases and coordination of the general planning of economic activity, as provided in Article 149.1.10ª of the constitution, which gives the State the exclusive competence, in the area of foreign trade and article 149.1.25ª Spanish constitution, which gives the State the power to determine the foundations of the regime mining and energy, without prejudice to the competence of the autonomous communities in the industry.

On the other hand, article 12.5 of the current Law 21 / 1992 of July 16, industry, determines that the Industrial safety regulations state will be approved by the government of the nation and the article 25.c) of the law 50 / 1997 of 27 November, government, which must be in the form of Royal Decrees agreed in cabinet, decisions to adopt regulations of competition.

On the other hand and in accordance with Article 24.1.c) of the law 50 / 1997 of 27 November, the government, communicates that the draft royal decree is available for the fulfillment of its handling of public information.

or by regular mail to the General Office of Industrial safety and quality (Paseo de la Castellana, 160 – Pl. 12, 28071 Madrid). The comments should be motivated.

Texto del Proyecto de Real Decreto [PDF] [326.28 KB]